Comments on: Copying processes #3

By: kathleen

kathleen — Sun, 25 Oct 2009 12:01:10 +0000

Matt: who knows the truth of it? She was a model hired for the shoot so it’s possible she’s very tall, taller than the fit model it was designed to fit. What is certain is that it looks at least two sizes too large (width wise) for her and in sections (bust scye et) not long enough. The oddity of it is the sleeve isn’t too short on her (but then, western wear has much longer sleeves than average) leaving me utterly perplexed. Btw, it is typical for the front to be a little shorter than you’d think so their big belt buckle will show.

By: Matt P

Matt P — Sun, 25 Oct 2009 08:47:33 +0000

In regards to the picture and poor fit — it seems to me that the “splaying out” of the bottom edge is part and parcel of why the bust point is mal-positioned. The thing seems to be made for a person significantly shorter than the model in the picture. That’s why the angle of the side panel (which should be at the bust point) is too high. It seems the body nips in at what would be the waist, and the splaying you’ve pointed out should probably occur over her hips. Agree?

By: Sarah M.

Sarah M. — Mon, 05 Nov 2007 18:37:47 +0000

My understanding from conversations with intellectual property attorneys is that the best protection (at this time) for a non-functional design is trade dress. My layman explanation is that trade dress is a subset of trade mark law that protects the overall design concept.

From what I understand, once the item is sold over state lines, you have trade dress. I’ve read that you can register it, but it can also remain unregistered. As with a trademark, you have to have to defend it.

If the design concept is functional, then it falls under patent law.

By: kathleen

kathleen — Fri, 28 Oct 2005 16:51:30 +0000

Ok, Let’s say I wanted to use that really cool bustline treatment on a dress. What is the right way of going about it? Ask your permission before I figure out how to do it?

Lol! Hun, if you figure out how to do it, you own it (your version)-imo. That’s my point. You don’t have to ask me for anything. People should be re-engineering details. If there were a “problem” (there wasn’t, it wasn’t patented or anything), it was the “inside” result of how it was engineered to be put together. Send me a picture of yours, k?

By: Susan

Susan — Fri, 28 Oct 2005 16:28:43 +0000

Ok, Let’s say I wanted to use that really cool bustline treatment on a dress. What is the right way of going about it? Ask your permission before I figure out how to do it? Is the problem that they stole the outside result (what we see when the garment is being worn) or the inside result (how it was put together) or both?

By: Jess

Jess — Thu, 27 Oct 2005 00:44:41 +0000

This was informative! I guess it’s the same thing with the typefaces I design. Do I know if a similar typeface has been designed when I start to design a typeface? No, but I always do a lot of research first to find out what’s already out there, to make sure I’m not stepping on other designers toes.

By: jinjer

jinjer — Wed, 26 Oct 2005 23:50:45 +0000

I went to a seminar by an intellectual property lawyer a couple of years ago. I’ll see if I can dig up his info and pass it along.

Meanwhile, the difficulty of protecting fashion designs may be one reason why GOATS are so popular: whereas clothing designs can’t be copyrighted, images on clothes CAN.

I do know a few “fashion designers” who get really bent out of shape when their ideas are copied. Personally, I think they deserve that angst for succumbing to the folly of considering themselves _artists_.

I am not an artist*, But frankly, clothing designs leak out of me like sweat. I mean, not all of them are GOOD, but still…I’m perfectly happy to move on if my stuff is stolen (and consider it a compliment).

I would probably get more bent out of shape if a PROCESS I’d come up with was stolen. Kathleen’s was cool. I do have one process I think is really nifty… It makes a really pretty padded contrast edge with one line of stitching that doesn’t show on either side. (have you figured out I dislike topstitching??)

Kathleen, how do you know they stole your process, as opposed to coincidentally reinventing your wheel?

*but my husband is! and he’s a genius! go look at his photoblog:http://www.flickr.com/photos/presley_m